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02 2022( 11 1944)
. 371 No. 371 BENGALURU, SATURDAY, 02, JULY, 2022(ASHADHA, 11, SHAKAVARSHA, 1944)
¨sÁUÀ – 4ಎ Part – IVA
GOVERNMENT OF KARNATAKA
No. FD 6 PES 2021 Karnataka Government Secretariat Vidhana Soudha,
Bengaluru, dated: 1st July 2022.
NOTIFICATION-VI
Whereas the draft of the following rules further to amend the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, was published as required by sub- section (1) of Section 71 of the Karnataka Excise Act, 1965 (Karnataka Act 21 of 1966) in Notification No. FD 6 PES 2021, dated: 07.04.2022 in Part–IVA of the Karnataka Gazette (Extraordinary) No.223 dated:07.04.2022 inviting objections and suggestions from all persons likely to be affected within thirty days from the date of its publication in the Official Gazette.
And, whereas the said Gazette was made available to the public on 07.04.2022.
And, whereas objections and suggestions received in respect of the said draft by the State Government have been considered.
Now, therefore, in exercise of the powers conferred by Section 71 of the Karnataka Excise Act 1965 (Karnataka Act 21 of 1966) the Government of Karnataka hereby makes the following rules, namely:-
RULES
1. Title and commencement:- (1) These rules may be called the Karnataka Excise (Sale of Indian and Foreign Liquors) (Amendment) Rules, 2022.
(1)2 (2) They shall come into force from the date of their final publication in the official Gazette.
2. Amendment of rule 3:- In the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968, (hereinafter referred to as the 'said rules') in rule 3, in sub-rule (11), for the word "breweries", the words "breweries or Craft breweries" shall be substituted.
3. Amendment of rule 3-A:- In rule 3-A of the said rules, the following proviso shall be inserted at the end, namely:-
"Provided that, any person holding a licence in Form CL-5 may purchase liquor from a person holding a licence in Form CL-11 (Distributor licensee) or Form CL-2 or CL-11(C)".
4. Amendment of rule 4:- In rule 4 of the said rules, in sub rule(1), after clause (b), the following clause shall be inserted, namely:-
"(c) an Occasional licence in Form CL-5 shall make an application to the Deputy Commissioner of Excise in Form CL-1A"
5. Amendment of rule 5:- In rule 5 of the said rules, after second proviso the following proviso shall be inserted at the end, namely:-
"Provided also that, the Deputy Commissioner of Excise after such enquiry as he deems fit, and if he is satisfied, may grant an Occasional licence in Form CL-5 and a copy of the licence shall be sent to the jurisdictional Police Station".
6. Amendment of Form CL-2 :- In Form-2 of the said rules, in condition number 7, after the existing proviso, the following proviso shall be inserted at the end, namely:-
"Provided further that, the licensee may sell Indian Liquor/Foreign Liquor/Country Beer/Wine/Fortified Wine to a person holding a licence in Form CL-5 and issue bills accordingly. The maximum quantity prescribe for possession, sale and transport of these intoxicants under Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967, shall not be applicable in case of sale to a person holding a licence in Form CL-5".
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 2973 7. Amendment of Form CL-5:- In Form CL-5 of the said rules for the words "Deputy Commissioner" in three places where they occur " Deputy Commissioner of Excise" shall be substituted.
8. Amendment of Form CL-11:- In Form CL-11 of the said rules, under the heading 'CONDITIONS' in serial number 2, for the word "breweries", the words "breweries, Craft breweries" shall be substituted.
9. Amendment of Form CL-11C:- In Form CL-11C of the said rules, after condition number 3, the following condition shall be inserted, namely:-
"3-A. The holder of this licence may sell Indian Liquor/Foreign Liquor/Country Beer/Wine/ Fortified Wine to a person holding a licence in Form CL-5 and issue bills accordingly. The maximum quantity prescribed for possession, sale and transport of these intoxicants under Rule 21 of the Karnataka Excise (Possession, Transport, Import and Export of Intoxicants) Rules, 1967, shall not be applicable in case of sale to a person holding a licence in Form CL-5".
By Order and in the name
of the Governor of Karnataka
(Manjula Nataraj) Under Secretary to Government, Finance Department (Excise).
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